We have a canistel (or eggfruit) tree our backyard which we’d like to get rid of. We do not eat its fruit, and the fruit and leaves make a constant mess. I haven’t found anyone who is interested in its fruit – even to take it from us for free. I would like to replace it with an orange tree (we live in Miami). Is there any problem doing so?

The Aish Rabbi Replies:

The Torah actually writes specifically that we may not cut down fruit trees (Deuteronomy 20:19-20). From this the Sages learn a more general principle that one may not purposelessly waste or destroy anything of value – food, good utensils, clothes, etc. (see e.g. Talmud Baba Kama 91b, Shabbat 140b).

The Talmud (Baba Kama 91-92) distinguishes that whenever there is a legitimate reason, one may cut down a fruit tree – if it damages other trees or plants, if it’s not productive and not worth its upkeep, if it’s more valuable for the wood, etc. The commentators include in this dispensation when ones needs the space the tree is growing on (Rosh Baba Kama 8:15).

There is, however, a frightening line in the Talmud there which makes people much more hesitant to rely on the above leniency. Rabbi Chanina stated that his son died young as a punishment for his cutting a fig tree before its time. Thus apart from the legal issue of destroying a productive tree, this law appears to carry with it severe Divine retribution.

Most authorities explain that this punishment is incurred only if a person cuts down a fruit tree without legitimate reason, but there is a minority opinion that it is incurred even if the tree is cut with good reason.

As a result, even in cases where a legitimate reason applies, people generally take an extra precaution of first selling the tree to a non-Jew, and having a non-Jew do the actual cutting. (The entire prohibition does not apply to non-Jews.) Your case is also better in that you are cutting one fruit tree to plant another, more productive one. Even with all of this, it’s preferable, if possible, to leave a part of the original tree intact.

In 1942, Hitler devised a plan for a Museum of Judaism, to remember the dead Jewish religion, culture and people. Millions of Jewish treasures -- Torah scrolls, ritual objects, books and art -- were looted by the Nazis and taken to warehouses. In Czechoslovakia, the objects were taken to the Jewish Museum in Prague, where the Jews themselves were forced to sort, label, and pack the items for use in the Nazi's future museum. After the war, many of these items were recovered, including thousands of Torah scrolls and nearly one million books. These were distributed to Jewish communities worldwide, as a living testimony to the indestructibility of the Jewish people.

One who humiliates another person in public ... even though he may be a scholar and may have done many good deeds, nevertheless loses his portion in the eternal world (Ethics of the Fathers 3:15).

Imagine a situation: you have a fine home, a well-paying job, a comfortable car, and a substantial retirement annuity. If you do a single thoughtless act, you will lose everything you have worked to achieve: home, job, car, and savings. What kind of precautions would you take to avoid even the remotest possibility of incurring such a disaster? Without doubt, you would develop an elaborate system of defenses to assure that this event would never occur.

The Talmud tells us that everything we have worked for during our entire lives can be forfeited in one brief moment of inconsideration: we embarrass another person in public. Perhaps we may say something insulting or make a demeaning gesture. Regardless of how it occurs, the Talmud states that if we cause another person to turn pale because of being humiliated in public, we have committed the equivalent of bloodshed.

Still, we allow our tongues to wag so easily. If we give serious thought to the words of the Talmud, we would exercise the utmost caution in public and be extremely sensitive to other people's feelings, lest an unkind word or degrading gesture deprive us of all our spiritual merits.

Today I shall...

try to be alert and sensitive to other people's feelings and take utmost caution not to cause anyone to feel humiliated.

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